STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE JOINT
RESOLUTION 39	By:	Sykes

AS INTRODUCED

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Sections 3 and 4 of Article VII-B of the Oklahoma Constitution; modifying the composition of the Judicial Nominating Commission; providing for appointment and terms of office; requiring the advice and consent of the Senate for certain appointments; providing ballot title; and directing filing.

BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 52ND OKLAHOMA LEGISLATURE:
SECTION 1.  The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Sections 3 and 4 of Article VII-B of the Oklahoma Constitution to read as follows:
Section 3.  (a)  There is established as a part of the Judicial Department a Judicial Nominating Commission of thirteen (13) members, to consist of:
(1)  six (6) five members to be appointed by the Governor, one (1) from each congressional district established by the Statutes of Oklahoma and existing at the date of the adoption of this Article on November 1, 2009, none of whom shall be admitted to practice law in the State of Oklahoma;
(2)  six (6) five members to be appointed by the Governor, one (1) from each congressional district established by the Statutes of Oklahoma and existing at the date of the adoption of this Article on November 1, 2009, who are, however, members of the Oklahoma Bar Association and who have been elected by the other active members of their district under procedures adopted by the Board of Governors of the Oklahoma Bar Association, until changed by statute; and
(3)  one (1) member at large who shall not have been admitted to the practice of law in the State of Oklahoma or any other State, but who shall be a resident of the State of Oklahoma, to be selected by not less than eight (8) members of the Nominating Commission.  In the event eight (8) members of the Commission cannot agree upon the member at large within thirty (30) days of the initial organization of the Commission or within thirty (30) days of a vacancy in the member at large position, the Governor shall make the appointment of the member at large three members who are members of the Oklahoma Bar Association and who have been elected by the other active members of the Bar who reside in the district of the elected member under procedures adopted by the Board of Governors of the Oklahoma Bar Association.
The Commission shall elect one of its members to serve as Chairman for a term of one (1) year.
The six (6) lay members of the Commission who are appointed by the Governor shall be appointed within ninety (90) days from the date that this Article becomes effective.  Two (2) members shall be appointed for a term of two (2) years, two (2) members for a term of four (4) years, and two (2) members for a term of six (6) years.  The Oklahoma Bar Association shall hold its election and certify to the Secretary of State its members within ninety (90) days from the effective date of this Article, two (2) of whom shall be elected for a term of two (2) years, two (2) for a term of four (4) years, and two (2) for a term of six (6) years.
(b)  Commissioners serving on the effective date of this amendment shall serve the remainder of their terms.  Thereafter all of the members of the Commission, whether elected or appointed, shall serve for a term of six (6) years, except that the member at large shall serve for a term of two (2) years.  For appointments made for a term beginning on or after October 5, 2009, the Governor shall appoint three members, one of whom shall be an attorney licensed to practice law in this state, and the Oklahoma Bar Association shall select one member from its membership.  For appointments made for a term beginning on or after October 5, 2011, the Governor shall appoint three members, two of whom shall be attorneys licensed to practice law in this state, and the Oklahoma Bar Association shall select one member from its membership.  For appointments made for a term beginning on or after October 5, 2013, the Governor shall appoint four members, two of whom shall be attorneys licensed to practice law in this state, and the Oklahoma Bar Association shall select one member from its membership.  Initial appointments pursuant to this subsection shall be subject to the appointment requirements set out in subsection (a) of this section.
(b) (c)  Vacancies arising during the term of any lay commissioner, other than the member at large, shall be filled by appointment by the Governor for the remainder of his the term.  Vacancies of any lawyer commissioner, appointed by the Oklahoma Bar Association, shall be filled by the Board of Governors of the Oklahoma Bar Association for the remainder of his the term.
(c)  In the event of vacancy in the member at large position, the said vacancy shall be filled in the same manner as the original selection.
(d)  Of those Commissioners named by the Governor, not more than three (3) five shall belong to any one political party.
(e)  The concurrence of the majority of Commissioners in office at the time shall be sufficient to decide any question, unless otherwise provided herein.  The Commission shall have jurisdiction to determine whether the qualifications of nominees to hold Judicial Office have been met and to determine the existence of vacancies on the Commission.
(f)  No Commissioner, while a member of the Commission, shall hold any other public office by election or appointment or any official position in a political party and he shall not be eligible, while a member of the Commission and for five (5) years thereafter, for nomination as a Judicial Officer.
(g)  Commissioners shall serve without compensation but the Legislature shall provide funds to reimburse them for their necessary travel and lodging expenses while performing their duties as such Commissioners.
(h)  No Commissioner shall be permitted to succeed himself.
(i)  As used herein, the words "Oklahoma Bar Association" shall include any successor thereof and any future form of the organized Bar of this State.
Section 4.  When a vacancy in any Judicial Office, however arising, occurs or is certain to occur, the Judicial Nominating Commission shall choose and submit to the Governor and the Chief Justice of the Supreme Court three (3) nominees, each of whom has previously notified the Commission in writing that he will serve as a Judicial Officer if appointed.  The Governor, with the advice and consent of the Senate, shall appoint one (1) of the nominees to fill the vacancy, but if he the Governor fails to do so within sixty (60) days the Chief Justice of the Supreme Court shall appoint one (1) of the nominees, the appointment to be certified by the Secretary of State.
SECTION 2.  The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this resolution shall be in the following form:
BALLOT TITLE
Legislative Referendum No. ____	State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
The measure amends the Oklahoma Constitution.  It amends sections that set up the Judicial Nominating Commission.  This Commission chooses people to nominate for judge or justice if there is a vacancy.  The Commission sends the names of three people to the Governor.  The Governor picks one of the three to fill the vacancy.  This amendment would change how the members are appointed.  Currently, the Governor picks six members.  The Bar Association picks six members.  The Commission picks one member.  If changed by this amendment, the Governor would pick ten members and the Bar Association would pick three members.  The Governor would pick five persons who are lawyers and five persons who are not lawyers.  The Bar Association would pick three lawyers.  Members picked by the Governor would have to be confirmed by the Senate.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES	_____________
AGAINST THE PROPOSAL — NO 	_____________
SECTION 3.  The President Pro Tempore of the Senate shall, immediately after the passage of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.

52-1-1558	TEK	1/15/2009 6:15:02 PM